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Old 11-30-2003, 05:21 PM   #1 (permalink)
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California Small Claims Court and Me

Hey guys, I need some quasi-legal advise... I allowed a "friend" of mine to live in the second room of our apartment for the first 7 months of our lease as a favor to him. he put ~130 dollars in on the deposit, as well. So, it comes to the time where he's leaving. he gave me notice he would leave 30 days beforehand for Dec 13th.
Last tuesday after he'd left to be home with his family for Thanksgiving, he left a note under my door.
Quote:
I have decided to take $90 out of my last month rent, as a return on my deposit. I'll write a check for the remainder upon my return.
I'm living pretty close to hand to mouth right now, and cannot afford to take an extra 90 bucks rent, after he and i had discussed deposit and I had explained that the money was tied up and i couldn't pay him back until I recieved it back myself, but that at that time I would mail a check to his families.

So, today, he attempts to give me rent, minus 90 dollars, and i tell him, in no uncertain terms that he will pay or he will leave, and he threatens to take me to court over it. (this is the last time i do a favor for a lawyers kid!). I go for a walk to cool off after our shouting match, and on my return he gives me all of rent, and e-mails me this:
Quote:
When you move out, I shall expect a check for $121 mailed to my parents in [home city].

[address removed]

This amount is after the cost of 4 nail holes in my walls.

If I do not receive a check at all, or if it is not for this amount, you will be seeing me in small claims court.

- [roommate]
my reply

Quote:
the check you recieve will not be for that amount. there will be a carpet cleaning and painting fee at the very least. you will recieve 1/3 of the returned fee.
-me
and his.

Quote:
The contract states precisely what [the apt complex] will charge money for. Carpet cleaning and repainting is not on there. I will leave it to you to argue with them if they decide to try and take more money than is owed them. However, as of this time, the only items on that list that are in effect are the nail holes I mentioned. That means, that if they take anything out for damages, then it is a result of something one of you did in the time I was not here. I will not be held responsible for that.
I reiterate, you will send me a check for that amount (if you direly need some money to help, then make it $110 instead). But make no mistake, I will not be screwed in this matter, and I have no trust left for you at all. If the check is not received, or it is not for this amount, you will be taken to court over it.

- [roommate]
so, since if my experiences before are anything to judge upon, we're gonna get somewhat less than the full deposit back, and while I don't expect him to pay for my damages i expect him to pay for what wear and tear on common areas we get charged for, it looks like I may be going to court.

#1: does he have any kind of a case?
#2: does it cost me money to go to court, even if I win?
#3: does he have to pay money to file the claim?
#4: do I have a leg to stand on here?

edit:
also, does someone know of anywhere online I can look up info on matters like this?
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Old 11-30-2003, 05:34 PM   #2 (permalink)
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The CA filing fee is $22, I'm pretty sure.

I don't know if he has a case or not. If I were you I'd take pictures and/or make a video of any current damage to the apartment to prove that it occurred during his occupancy.

Could you have the apartment complex owner inspect the apartment now and provide an estimate in writing of how much of the deposit would be returned if you were all moving out now?
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Old 11-30-2003, 07:37 PM   #3 (permalink)
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Since he's moving out now, the right answer is to return to him his share of the deposit, minus cost of damages, now.

The problem with waiting until you move out is that moving out is an indeterminate event. It sounds like you're fairly certain that you'll be moving out at the end of the lease, but what if circumstances change and you decide to renew the lease and stay? In that case you wouldn't get your security deposit back until much later. In which case legal boy would have a very strong case, if he doesn't have one already.

Since he was willing to take $90 out of his rent, offer him that much as his deposit refund to close the deal today. Get the deal in writing. That's not an unreasonable figure.

Of course you could wait and deal with it later. Worst case maybe you do end up in court, and worst case out of that you are ordered to pay this guy what the court thinks he's due. This has the advantage of deferring your payment until much later (probably at least a year after he files suit) but the disadvantage of a whole bunch of wasted time, emotional drain, negative energy, etc.

You have to make your own call but in my book it's not worth it. I understand that this is a tough time for you financially, but none the less I recommend getting the situation behind you.
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Old 11-30-2003, 07:57 PM   #4 (permalink)
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Well I can't give you legal advice but I will proclaim that he is a dumbass for suing a poor student over 90 dollars.
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Old 11-30-2003, 09:25 PM   #5 (permalink)
Loser
 
BTW...in California...there is a "wear & tear" policy for leases.
Meaning...that the OWNER is responsible for "normal" wear & tear of residences.

Unless, there is unusual damage...they should not be charging you for carpet cleaning or painting.
This is part of the re-renting process.
The leasor is only responsible for "abnormal" wear & tear....damages etc.
Nail, or pin holes in the wall from picture hanging are considered "normal"

Unless...you have signed something within your lease that states otherwise,
then you "should" be getting ALL your deposit back as long as you leave it in a clean condition and on good terms.

Please clarify this on your lease, with your landlord,
and make sure of your rights as a renter.

There are many landlords who try to get away with charges & policies,
because of the ignorance of the renters.

Make sure that you have itemized EVERYTHING that is broken, altered, not fixed etc from when you moved in.
Keep a written record of ALL repairs done...either by you or the landlord.
Keep a record of things that haven't been corrected.
That way the landlord can't charge you for their issues.

BTW...if he charges you in the suit...the burden of proof is on him.
and please remember there are certain time limits for submittal of proof.

This is all a lot to go through for $90, and I believe it should be dealt with out-of-court
but it's nice to know for future greater problems that might arise.

Last edited by rogue49; 11-30-2003 at 09:34 PM..
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Old 11-30-2003, 10:43 PM   #6 (permalink)
Insane
 
1. He is an idiot if he sues you.
2. Take pictures.
3. You can request your landlord to look over the apartment, but only do that if the lease allowed you to have a roommate.
4. Is he on the lease? Then he is likewise responsible. If he is not on the lease and there is no written agreement between the two of you and it comes down to what he says vs what you say.
5. Which means before he moved in he agreed to share part of the cost from any damages to the apartment during his occupancy. Or at least you should say he did. Maybe he agreed to forego the returned deposit if he were to vacate the premises prematurely or perhaps he would be penialized in some way. It is up to you be creative. You might not even have to pay a fee if you file a counter-claim (I'm not sure about CA).
6. Take pictures of everything now and save them, if you want send him copies (this will let him know you are not going to let him push you around with the threat of a lawsuit.) Put the date on the pictures.
7. Take pictures when you move out. These pictures should show the apartment to be in the same condition as when he moved out.
8. I'd bet he lose the case unless you do or say something stupid in writing or a recorded conversation.
9. If his dad is a lawyer, he is a pathetic lawyer. Lawyers are the least likely of all professions to sue someone, because they know the hassle involved in a law suit.
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Old 11-30-2003, 10:58 PM   #7 (permalink)
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interesting Rogue. Our last place wasn't really as up and up as I'd have liked, and I think we got reamed 'cuz of that. thx for the info
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Old 12-01-2003, 06:34 AM   #8 (permalink)
Tone.
 
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" i expect him to pay for what wear and tear on common areas we get charged for, "

OK first off, apartments can't charge you for normal wear and tear. If you have blood spattered all over the carpet they can charge you for it, but they can't charge you for regular cleaning or even carpet replacement if it's resulting from NORMAL wear.

Second off, he's a moron lawyer's kid who thinks his daddy can get him anything he wants by threatening to sue. Let him sue you. All you have to do is show the judge the amount you got back from the deposit, and show the judge the check copy or bank record showing the check that you wrote to him for 1/3 of the amount you got back. If he asks for more than that, then he's not entitled to it.

If he wants more, he can go sue the apartment for screwing you over, which they will probably do.
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Old 12-01-2003, 08:13 AM   #9 (permalink)
No. It's not done yet.
 
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First, although right now it may seem like a large sum right now, $110 is not a huge amount. Second, you only have to pay it when you move out. Assuming you aren't leaving anytime soon, this could be months/years away.

You are obviously dealing with someone who inherited his legal knowledge through DNA. My advice is to agree to pay it back when you move, and chalk up the $110 as a lesson in people (and trust me, a very cheap one).

Oh, and subtly bad mouth him to anyone who knows him. Keep tossing the phrase "for a hundred bucks this guy...."
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Old 12-01-2003, 10:22 AM   #10 (permalink)
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My advice is to pick your battles. Like Bones said... you need to badmouth him to anyone who knows him and take it as a "lession of life".

You'll probably spend $110 on the fees, Gas, and time (and worrying) alone; so I kind of doubt it's worth it in the long run. At least you aren't in a situation where he's taking $11,000 from you in a business deal gone bad.
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Old 12-01-2003, 10:30 AM   #11 (permalink)
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Location: Manhattan, NY
one of my favorite sites:

Nolo.com: Roommates

you can also take some time to go to the local Do It Yourself Law Library... contact your local Bar Association and they can point you in the right direction. You can also ask for legal counsel from them, which can be a flat fee of $20 or even just free depending on the lawyer.
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Old 12-01-2003, 04:28 PM   #12 (permalink)
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man, I'm so glad he's moving out. he's now taking every opportunity available to inform me how un-trustworthy I am, and seems to be SURE that I'm trying to cheat him out of every cent he owns.. by asking him to pay his share of the bills, no less.
Quote:
I want to see the actual bills for November before I pay you anything. I will add them up and do the math myself. You no longer have any of my trust.
just gives me warm fuzzies inside.

Someone, PLEASE tell me I'm being the better person by not calling names back at him... I am FURIOUS with him. I want to kick his fucking head in! And... I'm stuck with him for another 2 fucking weeks. Wonder how much of my stuff'll get stolen, 'cuz he obviously seems to have decided to ream me for all I'm worth. :/

edit: thx for that link cyn

Last edited by cheerios; 12-01-2003 at 04:53 PM..
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Old 12-02-2003, 07:12 AM   #13 (permalink)
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You could always send him a bill after you move out for the time to clean the "common" areas of the appartment. Or at least bring that up in conversation. He forgets that you're going to be doing the cleaning once he ditches the place.

Also, You could just call his bluff that he won't make a small claims suit Lawyers are mostly talk anyway - even this wanna-be one.

Just to be safe make photocopies and pictures of everything!
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